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General Rating Criteria

*Temperament

(1=Awful,10=Excellent)

*Scholarship

(1=Awful,10=Excellent)

*Industriousness

(1=Not at all industrious,10=Highly industrious)

*Ability to Handle Complex Litigation

(1=Awful,10=Excellent)

*Punctuality

(1=Chronically Late,10=Always on Time)

*General Ability to Handle Pre-Trial Matters

(1=Not all Able, 10=Extremely Able)

*General Ability as a Trial Judge

(1=Not all Able, 10=Extremely Able)

Flexibility In Scheduling

(1=Completely Inflexible,10=Very Flexible)

Criminal Rating Criteria (if applicable)

*Evenhandedness in Criminal Litigation

(1=Demonstrates Bias,10=Entirely Evenhanded)

General Inclination Regarding Bail

(1=Pro-Defense,10=Pro-Government)

Involvement in Plea Discussions

(1=Not at all Involved, 10=Very Involved)

General Inclination in Criminal Cases Pretrial Stage

(1=Pro-prosecution,10=Pro-defense)

General Inclination in Criminal Cases Trial Stage

(1=Pro-prosecution,10=Pro-defense)

General Inclination in Criminal Cases Sentencing Stage

(1=Pro-prosecution,10=Pro-defense)

Civil Rating Criteria (if applicable)

*Evenhandedness in Civil Litigation

(1=Not at all Evenhanded,10=Entirely Evenhanded)

Involvement in Settlement Discussions

(1=Not at all Involved,10=Very Involved)

General Inclination

(1=Pro-defendant, 10=Pro-plaintiff)

Comments

What others have said about
Hon. Marmarie J. Kostelny

Comments

Other

Comment #: IL1266
Rating:1.0
Comments:
Political appointee Kostelny agaIn found to have "ABUSED THE COURT'S DISCRETION," this time in appointing and awarding fees to a Guardian ad litem! Think this caused distress in the family? Think this negatively affected the children's well-being? How much damage has Political appointee Kostelny's erroneous and irrational decisions cost hard-working Kane County residents? SHE MUST GO!!
https://cases.justia.com/…/court-of-appeals-…/2-11-0495.pdf…

Litigant

Comment #: IL1190
Rating:1.0
Comments:
All you have to do is google Kostelny every couple of months and you find new proof that she is incompetent and needs to go. In this March 2014 appellate reversal, Kostelny allowed a witness to prejudice the court with “extreme bias.” Just as “extreme bias” and an ignorance of the law was reflected in many of her prior decisions. She can’t even manage Drug Court w/o issues. Her political appointment should be pulled immediately:

Prosecutor

Comment #: IL1080
Rating:Not Rated
Comments:
I could not agree more wholeheartedly with the comment directly below this one. This judge has very little regard for Illinois law, and is highly predisposed to deciding cases however she sees fit, regardless of law; inclusive of her built-in contempt for all men. She should not be reappointed as an associate judge. She lost her election bid for good, solid reasons. The 16th judicial circuit would be a much fairer place without this particular jurist.

Other

Comment #: IL1040
Rating:Not Rated
Comments:
judge Kostelny lost. Her campaign to become a REAL judge was deemed by voters to be a loser. Kostelny should resign or, worst case, NOT be re-appointed. Voters have decided she is not qualified to be a sitting judge. Using a back door appointment is insulting and illegitimate.

Other

Comment #: IL1000
Rating:1.0
Comments:
Why is this political appointee still on the bench? She LOST the election. Padding her pension until the appointment expires in 2015 is a further slap in the face to taxpayers. How can she sit on the bench knowing that Kane County residents have no confidence in her supposed abilities?

Litigant

Comment #: IL942
Rating:1.0
Comments:
The positive comments that have been posted below reveal that the commentators are uninformed, and relying on false information. They are attempting to improperly use this forum as a means to spread false and misleading information about a sitting judge for political purposes. Their distortions of the truth are incredible, but revealing.

Firstly, Judge Kostelny is an unwed, adoptive mother who doesn't feel that a husband/father is necessary to a family unit. That is a fact. Judge Kostelny was appointed to her current position, and has failed miserably at remaining impartial -- her personal bias against fathers/men has been noted, and commented upon, by other judicial staff. She has made frequent errors in her decisions, resulting in appeals which cost taxpayers money. She refuses to release her voting records. She was quoted in the Daily Herald as admitting that judges have personal biases, but she will not state how she has controlled her own personal bias in court.

If any voter bases their decision on what a bunch of sycophantic attorneys supposedly think, they are making an error. These attorneys are simply playing a pay-to-play game, hoping to gain an advantage if Judge Kostelny should win re-election. The previous poster is obviously ignorant, and thinks that all voters are equally stupid. We are not.

My fellow voters: instead of an attorney desperately trying to overlook all of Judge Kostelny's faults and biases, we are in a much better position to make an assessment of her lack of fairness, impartiality and knowledge of the law. Let me emphasize the last point: she is ignorant of the law.

Civil Litigation - Private

Comment #: IL941
Rating:9.9
Comments:
The negative comments that have been posted below reveal that the commentators are uninformed, and relying on false information. They are attempting to improperly use this forum as a means to spread false and misleading information about a sitting judge for political purposes. Their distortions of the truth are incredible, but revealing. First, Illinois law requires that the candidates live in the subcircuit. Both Judge Kostelny and her opponent live in the relevant subcircuit. This could have been easily verified by any commentator by examining the petitions for each candidate and the supporting information on file with the Illinois State Board of Elections. Ironically, Judge Kostelny has actually lived in what became the 3rd Subcircuit nine years longer than Mr. Tegeler. Second, Judge Kostelny has never been the subject of any judicial inquiry board proceedings. Third, she is an “adoptive mother” of two children, not an "unwed mother" as one commentator below wrongly implies. Budget and administrative matters for the Circuit Court are exclusively the province of the Chief Judge, not individual circuit judges, further revealing one commentator's ignorance. If anyone is voting for a judicial candidate in the 16th Judicial Circuit elections based upon their possible budgeting and management skills, they are basing their choice on irrelevant matter. Judge Kostelny's Republican voting record is also well-documented. Finally, Judge Kostelny has been endorsed by at least eight retired circuit judges. Instead of relying upon uninformed commentators, or an obviously disgruntled litigant who lost his case and clearly has an ax to grind, interested voters might want to consider what several distinguished retired members of the judiciary think. Voters might also read and consider the endorsements of the attorneys who practice family law in Kane County, both male and female, who have both won and lost cases before Judge Kostelny. Those judges and those attorneys -- instead of a disgruntled litigant or an uninformed commentator -- are in a much better position to make an assessment of Judge Kostelny's fairness, impartiality and knowledge of the law.

Other

Comment #: IL917
Rating:Not Rated
Comments:
I would like to address the questions being asked of Judge Kostelny's supporters:

I was not aware she was an unwed, adoptive mother, and I agree that this might be construed as a personal bias against men. I don't know how she handled this conflict in Family Court. To my knowledge, she is not a resident of the subcircuit that she would serve. I do not know her political leanings, and I do not know if she ever voted in a Democratic primary, nor do I have any idea how many complaints against her were filed with the Judicial Inquiry Board.

I believe that I speak for her supporters, and all voters in general, in asking Judge Kostelny for more transparency, more background, more evidence of her management and budgeting skills, a declaration that she is a Republican by providing her voting record, and more detail about her decision to raise children without a father.

Litigant

Comment #: IL916
Rating:1.0
Comments:
What a surprise -- another comment presented by the campaign committee. At least this time it's succinct. How about some answers to the questions asked below? Does she live in the Subcircuit? How much did the family court appeals process cost taxpayers because she exhibited bias in her decisions? Has Judge Kostelny ever voted in a Democratic primary? She is not even a listed voter in the county -- why not?

Criminal Defense Lawyer

Comment #: IL913
Rating:Not Rated
Comments:
This is quite comical. Her campaign team is following up every 1 rating by someone else with a 10. She is deceiving the Republican voters by running in the Republican primary. She is not a Republican -- she is a Democrat and should run in the Democratic primary. Oh wait, there are not enough Democratic votes in Kane County. She is running for her convenience in order to be elected, and not for the integrity of the county. Scandal! (Then again, what do you expect from a Democrat?)

Litigant

Comment #: IL912
Rating:1.0
Comments:
It is extremely disappointing that an obvious political backer of Judge Marmarie "I am temperamental and vindictive" Kostelny would monitor this site to immediately post a favorable opinion. How about this: in your next post, provide some facts. An unwed mother feels that kids don't need a father -- how was that personal bias controlled in Family Court? How many complaints were filed with the Judicial Inquiry Board? A reversed decision in Family Court -- really? How does that help taxpayers and case management? A business/management background? Please, set the record straight -- don't just post another response based on your supposed personal impressions.

Civil Litigation - Private

Comment #: IL908
Rating:9.8
Comments:
I have known Judge Kostelny professionally for 24 years. As an attorney, she was always well-prepared and was a zealous advocate for her clients. During her time on the bench, she has proven herself to be fair, well-prepared, decisive, and professional. Regardless of the outcome of a case, the attorneys and litigants who appear before her know that her ruling is impartial, based on the facts as presented, and in accordance with current law. It is disheartening to see such negative comments and ratings posted on this site, which are obviously politically motivated and intended to influence the upcoming election. My primary reason for commenting is to help set the record straight. The honorable Marmarie Kostelny is a good judge and is dedicated to serving justice.

Litigant

Comment #: IL906
Rating:1.0
Comments:
I love the comments about compassion and equality on the bench. They couldn't be further from the truth. I concur with the below statements -- my attorney even told me that she was biased, and that a group of attorneys had approached the Circuit Judge to have her removed from Family Court. He unbelievable incompetence, arrogance, stupidity and bias have no place in a courtroom.

Litigant

Comment #: IL887
Rating:1.0
Comments:
I was a litigant before Judge Kostelny, and I concur wholeheartedly with the attorney who commented just below me. At minimum, this judge's clear bias against all men needed to be disclosed. This is a judge who has had numerous complaints before the Illinois Judicial Inquiry Board, and who has gone so far as to suppress evidence by hiding it in her own chambers. I urge everyone in Kane County to oppose her re-election.

Civil Litigation - Private

Comment #: IL886
Rating:1.1
Comments:
I am a divorce attorney, and I have had the extremely unfortunate experience of working with Judge Marmarie "I don't need a husband; kids don't need a father" Kostelny. Biased is an understatement, but the conflict of interest is real. Integrity would have required full disclosure and not taking a position in Family Court. Instead, arrogance and self-promotion won out. She was a terrible choice for judge!

Civil Litigation - Govt.

Comment #: IL885
Rating:9.9
Comments:
I am an attorney, and I have observed Judge Kostelny many times. I think that the newest ISBA judicial poll, which recommends her with ratings all in the upper 90s, is very accurate. She is very efficient, very calm, and very even-handed with people.

Civil Litigation - Private

Comment #: IL874
Rating:1.1
Comments:
Wow! Looks like someone has been busy trying to make Judge Kostelny appear competent. She is not. She has had a simple family court decision reversed on appeal, costing taxpayers' money. She was a lousy attorney, and is a worse judge and a terrible candidate. Vote "no" to Kostelny!

Civil Litigation - Private

Comment #: IL852
Rating:9.9
Comments:
In my nearly 30 years of practice, I have appeared before many judges. Judge Kostelny is one of those rare individuals who is a true public servant. She is now running for election to Circuit Judge. I saw one quote about her recently that really says it all: "Voters will not have to guess about how this candidate will perform as a judge; Marmarie already has a proven track record."

Civil Litigation - Private

Comment #: IL834
Rating:9.9
Comments:
It s a pleasure to appear before Judge Kostelny. Her interest in her cases and the litigants is evident to all in the courtroom. She is always kind, and never overbearing. Her rulings are well-researched and fair.

Civil Litigation - Private

Comment #: IL830
Rating:9.9
Comments:
This is one of the best judges to sit in family court -- fair, smart, and knowledgable. Judge Kostelny applies the law to the facts of each case, and makes prompt decisions so that cases don't linger.

Civil Litigation - Private

Criminal Defense Lawyer

Comment #: IL319
Rating:3.6
Comments:
This was the most biased judge I have ever dealt with. Not only did she completely ignore the guidelines of the statute, she allowed the plaintiff to leave the court with several loopholes through which I will be returning again and again.

Other

Comment #: IL318
Rating:1.0
Comments:
Unprepared, uneducated, emotional outbursts during court. How does a woman, raising adopted children w/o a husband/father, not be biased against fathers appearing in Family Court? She demonstrates in her own life that a father is unneccessary. How did she bcome a judge? This is the best and the brightest Kane County has to offer?